Let’s have a hypothetical discussion about whether it’s possible to hold a private meeting where public information is being disseminated to the public. Let’s view this within the context of Minnesota’s open meeting laws.

Isn’t it impossible to argue that an organization that accepts money from Minnesota’s general fund budget isn’t subject to Minnesota’s open meeting laws? Isn’t it impossible to argue that that institute of society isn’t subject to pubic scrutiny?

Let’s stipulate that a public entity that’s subject to Minnesota’s Data Practices Act is also subject to Minnesota’s open meeting laws. If I can get information on a university’s budget through a Minnesota Data Practices Act request, shouldn’t I also be able to get that information by attending that university’s meeting where that information is handed out? If not, why not?

Subdivision 1.In executive branch, local government. All meetings, including executive sessions, must be open to the public

(a) of a state

(1) agency,

(2) board,

(3) commission, or

(4) department,

when required or permitted by law to transact public business in a meeting;

(b) of the governing body of a

(1) school district however organized,

(2) unorganized territory,

(3) county,

(4) statutory or home rule charter city,

(5) town, or

(6) other public body;

(c) of any

(1) committee,

(2) subcommittee,

(3) board,

(4) department, or

(5) commission,

of a public body; and

(d) of the governing body or a committee of:

(1) a statewide public pension plan defined in section 356A.01, subdivision 24; or

(2) a local public pension plan governed by sections 424A.091 to 424A.096, or chapter 354A, or Laws 2013, chapter 111, article 5, sections 31 to 42.

Subd. 2.Exceptions. This chapter does not apply

(1) to meetings of the commissioner of corrections;

(2) to a state agency, board, or commission when it is exercising quasi-judicial functions involving disciplinary proceedings; or

(3) as otherwise expressly provided by statute.

Subd. 3.Subject of and grounds for closed meeting. Before closing a meeting, a public body shall state on the record the specific grounds permitting the meeting to be closed and describe the subject to be discussed.

Subd. 4.Votes to be kept in journal. (a) The votes of the members of the state agency, board, commission, or department; or of the governing body, committee, subcommittee, board, department, or commission on an action taken in a meeting required by this section to be open to the public must be recorded in a journal kept for that purpose.

(b) The vote of each member must be recorded on each appropriation of money, except for payments of judgments, claims, and amounts fixed by statute.

Subd. 5.Public access to journal. The journal must be open to the public during all normal business hours where records of the public body are kept.

§ Subd. 6.Public copy of members’ materials. (a) In any meeting which under subdivisions 1, 2, 4, and 5, and section 13D.02 must be open to the public, at least one copy of any printed materials relating to the agenda items of the meeting prepared or distributed by or at the direction of the governing body or its employees and:

(1) distributed at the meeting to all members of the governing body;

(2) distributed before the meeting to all members; or

(3) available in the meeting room to all members;

shall be available in the meeting room for inspection by the public while the governing body considers their subject matter.

(b) This subdivision does not apply to materials classified by law as other than public as defined in chapter 13, or to materials relating to the agenda items of a closed meeting held in accordance with the procedures in section 13D.03 or other law permitting the closing of meetings.

I highlighted the part titled “other public body” because the other descriptions don’t fit a university on point. There’s no question, though, that a university is “a public body.” Then there’s this:

Subd. 6.Public copy of members’ materials. (a) In any meeting which under subdivisions 1, 2, 4, and 5, and section 13D.02 must be open to the public, at least one copy of any printed materials relating to the agenda items of the meeting prepared or distributed by or at the direction of the governing body or its employees and:

(1) distributed at the meeting to all members of the governing body;

(2) distributed before the meeting to all members; or

(3) available in the meeting room to all members;

shall be available in the meeting room for inspection by the public while the governing body considers their subject matter.

At this not-totally-hypothetical meeting in question, budget documents were handed out, which makes sense since it was an informational meeting on this university’s budget. There’s no question that I could get a copy of these budget documents if I wanted a copy of them simply by submitting a Data Practices Act request.

Shouldn’t I be permitted to gather that information simply by attending this informational meeting? I’d love hearing the twisted, tortured logic explaining why I shouldn’t be able to gather this public information by attending but that I could get through a DPAR.